Patna High CourtCR. MISC./50878/2018bail granted

Golden Kumar @ Subhash Kumar @ Prince v. The State Of Bihar

2018-08-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50878 of 2018 Arising Out of PS.Case No. -420 Year- 2018 Thana -NAWADA District- NAWADA ====================================================== Golden Kumar @ Subhash Kumar @ Prince, S/o. Late Suresh Prasad @ Suresh Mali, R/o. Kalali Road, Phool Mandi, Gadhpar, P.S.- Nawada, District- Nawada (Bihar) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

171 litres of foreign liquor is said to have been recovered from the dilapidated house of Ramjatan Singh and four persons including petitioner managed to escape from the said place. As per account of locals they had kept the aforesaid liquor at the aforesaid place.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.50878 of 2018 (2) dt.20-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. He was not apprehended on the spot. The identity and genuineness of the sources of information has not been mentioned in the written report of the informant. He has no criminal antecedent. He has been languishing in custody since 05.07.2018. Similarly situated co-accused, namely, Chhotu Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 10.08.2018 passed in Cr. Misc. No. 49632 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II cum Special Judge, Nawada in connection with Nawada Town P.S. Case No. 420 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U